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2020 Utah Code
Title 77 - Utah Code of Criminal Procedure
Chapter 36 - Cohabitant Abuse Procedures Act
Section 2.1 - Duties of law enforcement officers -- Notice to victims.
Universal Citation: UT Code § 77-36-2.1 (2020)
Effective 7/1/2020
77-36-2.1. Duties of law enforcement officers -- Notice to victims.
Amended by Chapter 142, 2020 General Session
77-36-2.1. Duties of law enforcement officers -- Notice to victims.
- (1) A law enforcement officer who responds to an allegation of domestic violence shall use all reasonable means to protect the victim and prevent further violence, including:
- (a) taking the action that, in the officer's discretion, is reasonably necessary to provide for the safety of the victim and any family or household member;
- (b) confiscating the weapon or weapons involved in the alleged domestic violence;
- (c) making arrangements for the victim and any child to obtain emergency housing or shelter;
- (d) providing protection while the victim removes essential personal effects;
- (e) arrange, facilitate, or provide for the victim and any child to obtain medical treatment; and
- (f) arrange, facilitate, or provide the victim with immediate and adequate notice of the rights of victims and of the remedies and services available to victims of domestic violence, in accordance with Subsection (2).
- (2)
- (a) A law enforcement officer shall give written notice to the victim in simple language, describing the rights and remedies available under this chapter, Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, and Title 78B, Chapter 7, Part 2, Child Protective Orders.
- (b) The written notice shall also include:
- (i) a statement that the forms needed in order to obtain an order for protection are available from the court clerk's office in the judicial district where the victim resides or is temporarily domiciled;
- (ii) a list of shelters, services, and resources available in the appropriate community, together with telephone numbers, to assist the victim in accessing any needed assistance; and
- (iii) the information required to be provided to both parties in accordance with Subsections 78B-7-802(8) and (9) .
- (3) If a weapon is confiscated under this section, the law enforcement agency shall return the weapon to the individual from whom the weapon is confiscated if a domestic violence protective order is not issued or once the domestic violence protective order is terminated.
Amended by Chapter 142, 2020 General Session
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